Presenter
Presented by Mr. Koch
Title
Ordinance Amending and Supplementing Title Four, Public Places and Property, Article III, Sewers, Chapter 433, Illegal StormWater Connections, in order to include federal and state-mandated prohibitions regarding the drainage or conveyance, whether on the surface or subsurface, of non-storm water discharge from real property including sewage, process wastewater, and wash water into the Waters of the Commonwealth, and to add a definition of "Sale" exempting sales of real property pursuant to the Second Class City Treasurer's Sale and Collection Act, 53 P.S. § 27101 et seq., as amended, from the requirements of the ordinance with regard to sales of real property, and to remove the prohibition against discharging from the Illegal Surface StormWater Connection upon or across public or private sidewalks in conformance with the Allegheny County Health Department's Rules and Regulations for Plumbing and Building Drainage, Article XV.
Body
WHEREAS, a comprehensive program of stormwater management, including reasonable regulation of development and activities causing accelerated runoff, is fundamental to the public health, safety and welfare and the protection of people of the Commonwealth, the City, their resources and the environment; and
WHEREAS, federal and state regulations require certain municipalities and authorities including the City and the Pittsburgh Water and Sewer Authority to implement a program of stormwater controls and to obtain a permit for storm water discharges from its separate storm sewer systems under the National Pollutant Discharge Elimination System ("NPDES"); and
WHEREAS, procedures for sales of real property by the City are governed by the Second Class City Treasurer's Sale and Collection Act of October 11, 1984, No. 171, P.L. 876, § 101, 53 P.S. § 27101 et seq., as amended.
NOW, THEREFORE, be it enacted by the Council of the City of Pittsburgh as follows:
SEE ATTACHMENT
Attachment
Section 1. New definitions are added, numbered § 433.01(l) and (p), with succeeding definitions renumbered:
§ 433.01. DEFINITIONS.
When used herein, the following words shall have the following meanings:
a. ACHD: The Allegheny County Health Department.
b. Applicant: Defined in Section 4.a. below.
c. City: The City of Pittsburgh.
d. City Lien Verification Letter: A written letter from the City to a Person (defined below) regarding any liens, claims, and/or taxes due the City from said Person.
e. Combined Sewers: Portions of the Sewer System which were designed and built to carry sanitary sewage and/or industrial waste in a manner combined with storm water discharge.
f. Dye Test: Any commonly accepted plumbing test whereby a nontoxic, non-staining dye is introduced into the surface storm water collection system of real property to determine if any surface storm water is entering the City's sanitary sewer system. The term "Dye Test" shall include any other reasonable and appropriate testing methodology(ies) (excluding the use of smoke testing to detect roof leaders) acceptable to PWSA to determine if any surface storm water is entering the City's sanitary sewer system.
g. Evidence of Compliance: An official written letter or statement from PWSA confirming that it has on file a written report or statement from a Registered Plumber (defined below) certifying there are no Illegal Surface Storm Water Connections into the City's Sanitary Sewer System located on a property.
h. Illegal Surface Storm Water Connections: Connections to the City's Sanitary Sewers that allow surface storm water to be discharged into the City's Sanitary Sewer System from sources including, but not limited to, downspout drainage, roof drainage, and areaway drainage.
i. Person: Any natural person, partnership, association, authority, syndicate, firm, corporation, developer, contractor, government, or other entity recognized by law as the subject of rights and duties.
j. PWSA: The Pittsburgh Water and Sewer Authority, its agents, consultants, contractors, or other designated representatives authorized to act on its behalf.
k. Registered Plumber: A plumber registered and certified by the Allegheny County Health Department.
l. Sale: Sale: Any sale of real property except the sale of real property completed pursuant to the Second Class City Treasurer's Sale and Collection Act of October 11, 1984, No. 171, P.L. 876, § 101, 53 P.S. § 27101 et seq., as amended.
Any sale of real property except sales of real property by the City of Pittsburgh, including, but not limited to, sales authorized pursuant to the provisions of the Second Class City Treasurer's Sale and Collection Act, Act of October 11, 1984, P.L. 876, No. 171, § 101, as amended, 53 P.S. Section 27101, et seq.
m. Sanitary Sewers: Portions of the Sewer System which were designed and built to carry sanitary sewage and/or industrial waste separately from storm water discharge, or portions of the Sewer System so designated as a Sanitary Sewer by resolution of PWSA.
n. Sewer System: The entire Sewer System that is owned by the City and leased and operated by the PWSA pursuant to the Capital Lease Agreement entered into by the City and the PWSA, effective July 27, 1995. The Sewer System includes portions that have been designed as Combined Sewers and portions that have been designed as Sanitary Sewers.
Mo. Storm Sewer System: A sewer system designed to accept and transport flows of storm water, as distinct from sewage.
p. Stormwater: Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
oq. Temporary Evidence of Compliance: A temporary written report/statement from PWSA issued pursuant to Section 5 of this ordinance.
pr. Waters of the Commonwealth: Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
Section 2. New stormwater runoff prohibitions and exceptions are added at subsections 433.02(c), (d), (e) and (ef):
§ 433.02 PROHIBITIONS.
(a) From and after the effective date of this Chapter, it shall be unlawful for any Person to construct, install, maintain, repair, operate, use, or allow an Illegal Surface Stormwater Connection on real estate that they own. This prohibition expressly includes, without limitation, Illegal Surface Stormwater Connections made prior to the effective date of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(b) From and after the effective date of this Chapter, it shall be unlawful for any Person to sell real property located within the City on which a building or improvement exists without first obtaining and delivering to the purchaser an Evidence of Compliance or Temporary Evidence of Compliance from PWSA as required under this Chapter.
(c) From and after the effective date of this Chapter, it shall be unlawful for any Person to connect aAny drain or conveyance, whether on the surface or subsurface, which allows any non-storm water discharge including sewage, process wastewater, and wash water to enter the Storm Sewer System Waters of this Commonwealth is prohibited. This prohibition expressly includes, without limitation, connections made prior to the effective date of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(d) From and after the effective date of this Chapter, it shall be unlawful for any Person to allow, or cause to allow, stormwater discharges into the Storm Sewer System which are not composed entirely of stormwater, except (1) as provided in subsection (e) below, and (2) discharges allowed under a state or federal permit.
(e) Discharges which may be allowed to enter the Storm Sewer System if they do not significantly contribute to pollution to the Waters of this Commonwealth are:
-Discharges from fire fighting activities |
-Flows from riparian habitats and wetlands |
-Potable water sources including dechlorinated water line and fire hydrant flushings |
-Uncontaminated water from foundations or from footing drains |
-Irrigation drainage |
-Lawn watering |
-Air conditioning condensate |
-Dechlorinated swimming pool discharges |
-Springs |
-Uncontaminated groundwater |
-Water from crawl space pumps |
-Water from individual residential car washing |
-Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used |
-Routine external building wash down (which does not use detergents or other compounds) |
(ef) In the event that the City or PWSA or DEP determines that any of the discharges identified in section (de) significantly contribute to pollution of the Waters of this Commonwealth, the City or PWSA or DEP will notify the responsible person(s) to cease the discharge.
Section 3. Section 433.03: DISCONNECTION OF ILLEGAL STORM WATER CONNECTIONS, is revised to remove the prohibition against discharging from the Illegal Surface Storm Water Connection upon or across public or private sidewalks in conformance with the Allegheny County Health Department's Rules and Regulations for Plumbing and Building Drainage, Article XV.
§ 433.03 DISCONNECTION OF ILLEGAL STORM WATER CONNECTIONS.
Illegal Surface Storm Water Connections must be disconnected from the City's Sanitary Sewers and redirected, as appropriate, to either a separate Storm Sewer System, or Combined Sewers where such systems are available or other appropriate legal place. If there is no storm or combined sewer available, the Illegal Surface Storm Water Connection shall be redirected in accordance with Article XV, Plumbing and Building Drainage, of ACHD's Rules and Regulations, or any regulations PWSA may establish from time to time. Disconnection shall mean that the Illegal Surface Storm Water Connection is disconnected and removed from the City's Sanitary Sewers, and that access to the Sanitary Sewers at that location shall be permanently capped and sealed. The disconnection of the Illegal Surface Storm Water Connection shall be certified by a Registered Plumber on a form approved by PWSA. Connection of the Illegal Surface Storm Water Connection to the City's separate Storm Sewer System is subject to the prior approval of PWSA. Prior to the commencement of any work on the disconnection of an Illegal Surface Storm Water Connection, all necessary and required building permits, street opening permits, sidewalk opening permits, tap-in permits and fees and other approvals and permits that may be necessary to accomplish the disconnection shall be acquired. [In no event is water to be discharged from the Illegal Surface Storm Water Connection upon or across public or private sidewalks and public or private streets, or discharged onto adjacent property.]